86R33359 MCK-D
 
  By: Birdwell, et al. S.B. No. 619
 
  (Paddie)
 
  Substitute the following for S.B. No. 619:  No.
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the sunset review process and certain governmental
  entities subject to that process.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1. ENTITIES GIVEN 2021 SUNSET DATE
         SECTION 1.01.  TEACHER RETIREMENT SYSTEM OF TEXAS. Section
  825.006, Government Code, is amended to read as follows:
         Sec. 825.006.  SUNSET PROVISION. The board of trustees of
  the Teacher Retirement System of Texas is subject to review under
  Chapter 325 (Texas Sunset Act), but is not abolished under that
  chapter. The board shall be reviewed during the period in which
  state agencies abolished in 2021 [2025], and every 12th year after
  that year, are reviewed.
         SECTION 1.02.  ANATOMICAL BOARD OF THE STATE OF TEXAS.
  Subchapter A, Chapter 691, Health and Safety Code, is amended by
  adding Section 691.003 to read as follows:
         Sec. 691.003.  SUNSET PROVISION. The Anatomical Board of
  the State of Texas is subject to Chapter 325, Government Code (Texas
  Sunset Act). Unless continued in existence as provided by that
  chapter, the board is abolished September 1, 2021.
         SECTION 1.03.  TEXAS DEPARTMENT OF LICENSING AND REGULATION.
  Section 51.002, Occupations Code, is amended to read as follows:
         Sec. 51.002.  APPLICATION OF SUNSET ACT.  (a)  The Texas
  Commission of Licensing and Regulation and the Texas Department of
  Licensing and Regulation are subject to Chapter 325, Government
  Code (Texas Sunset Act). Unless continued in existence as provided
  by that chapter, the commission and the department are abolished
  September 1, 2021.
         (b)  The review of the commission and department by the
  Sunset Advisory Commission under this section may not include a
  review of any program that was transferred to the department on or
  after September 1, 2016.
         SECTION 1.04.  TEXAS RACING COMMISSION. Section
  2021.008(a), Occupations Code, is amended to read as follows:
         (a)  The commission is subject to Chapter 325, Government
  Code (Texas Sunset Act). Unless continued in existence as provided
  by that chapter, and except as provided by Subsections (b) and (c),
  the commission is abolished and this subtitle expires September 1,
  2021 [2023].
  ARTICLE 2. ENTITIES GIVEN 2023 SUNSET DATE
         SECTION 2.01.  LIMITED REVIEW OF DEPARTMENT OF FAMILY AND
  PROTECTIVE SERVICES. Section 531.0206(a), Government Code, is
  amended to read as follows:
         (a)  The Sunset Advisory Commission shall conduct a
  limited-scope review of the commission during the state fiscal
  biennium ending August 31, 2023, in the manner provided by Chapter
  325 (Texas Sunset Act). The review must provide:
               (1)  an update on the commission's progress with
  respect to the consolidation of the health and human services
  system mandated by this subchapter, including the commission's
  compliance with the transition plan required under Section
  531.0204;
               (2)  an evaluation and recommendations regarding the
  need to continue the Department of State Health Services as a state
  agency separate from the commission;
               (3)  an evaluation and recommendations regarding the
  need to continue the Department of Family and Protective Services
  as a state agency separate from the commission; and
               (4) [(3)]  any additional information the Sunset
  Advisory Commission determines appropriate, including information
  regarding any additional organizational changes the Sunset
  Advisory Commission recommends.
         SECTION 2.02.  OFFICE OF INSPECTOR GENERAL, HEALTH AND HUMAN
  SERVICES COMMISSION. (a)  Section 531.102, Government Code, is
  amended by adding Subsection (y) to read as follows:
         (y)  The Sunset Advisory Commission shall conduct a
  special-purpose review of the overall performance of the
  commission's office of inspector general. In conducting the
  review, the Sunset Advisory Commission shall particularly focus on
  the office's investigations and the effectiveness and efficiency of
  the office's processes. The review shall be conducted during the
  period in which state agencies abolished in 2023 are reviewed. The
  office is not abolished solely because the office is not explicitly
  continued following the review required by this subsection. This
  subsection expires September 1, 2023.
         (b)  Section 14, Chapter 945 (S.B. 207), Acts of the 84th
  Legislature, Regular Session, 2015, is repealed.
         SECTION 2.03.  TEXAS INVASIVE SPECIES COORDINATING
  COMMITTEE. Section 776.007(a), Government Code, is amended to read
  as follows:
         (a)  The committee is subject to Chapter 325 (Texas Sunset
  Act). Unless continued in existence as provided by that chapter,
  the committee is abolished and this chapter expires September 1,
  2023 [2021].
         SECTION 2.04.  TEXAS JUVENILE JUSTICE BOARD AND TEXAS
  JUVENILE JUSTICE DEPARTMENT. Section 202.010, Human Resources
  Code, is amended to read as follows:
         Sec. 202.010.  SUNSET PROVISION. The Texas Juvenile Justice
  Board and the Texas Juvenile Justice Department are subject to
  Chapter 325, Government Code (Texas Sunset Act). Unless continued
  in existence as provided by that chapter, the board and the
  department are abolished September 1, 2023 [2021].
         SECTION 2.05.  DIVISION OF WORKERS' COMPENSATION, TEXAS
  DEPARTMENT OF INSURANCE. Section 31.004(b), Insurance Code, is
  amended to read as follows:
         (b)  Unless continued as provided by Chapter 325, Government
  Code, the duties of the division of workers' compensation of the
  Texas Department of Insurance under Title 5, Labor Code, expire
  September 1, 2023 [2021], or another date designated by the
  legislature.
         SECTION 2.06.  OFFICE OF INJURED EMPLOYEE COUNSEL. Section
  404.003, Labor Code, is amended to read as follows:
         Sec. 404.003.  SUNSET PROVISION. The office of injured
  employee counsel is subject to Chapter 325, Government Code (Texas
  Sunset Act). Unless continued in existence as provided by that
  chapter, the office is abolished and this chapter expires September
  1, 2023 [2021].
         SECTION 2.07.  UPPER GUADALUPE RIVER AUTHORITY. Section
  1A(a), Chapter 5, page 1062, Special Laws, Acts of the 46th
  Legislature, Regular Session, 1939, is amended to read as follows:
         (a)  The District is subject to review under Chapter 325,
  Government Code (Texas Sunset Act), but may not be abolished under
  that chapter. The review shall be conducted under Section 325.025,
  Government Code, as if the District were a state agency scheduled to
  be abolished September 1, 2023 [2021], and every 12th year after
  that year.
  ARTICLE 3. ENTITIES GIVEN 2025 SUNSET DATE
         SECTION 3.01.  STATE COMMISSION ON JUDICIAL CONDUCT.
  Section 33.003, Government Code, is amended to read as follows:
         Sec. 33.003.  SUNSET PROVISION. The State Commission on
  Judicial Conduct is subject to review under Chapter 325 (Texas
  Sunset Act), but is not abolished under that chapter. The
  commission shall be reviewed during the period in which state
  agencies abolished in 2025, [2023] and every 12th year after that
  year, [2023] are reviewed.
         SECTION 3.02.  JUDICIAL BRANCH CERTIFICATION COMMISSION.
  Section 152.001, Government Code, is amended to read as follows:
         Sec. 152.001.  SUNSET PROVISION. The Judicial Branch
  Certification Commission is subject to Chapter 325 (Texas Sunset
  Act), but is not abolished under that chapter. The commission shall
  be reviewed during the period in which state agencies abolished in
  2025, [2023] and every 12th year after that year, [2023] are
  reviewed.
         SECTION 3.03.  TEXAS BOARD OF CRIMINAL JUSTICE AND TEXAS
  DEPARTMENT OF CRIMINAL JUSTICE. Section 492.012, Government Code,
  is amended to read as follows:
         Sec. 492.012.  SUNSET PROVISION. The Texas Board of
  Criminal Justice and the Texas Department of Criminal Justice are
  subject to Chapter 325 (Texas Sunset Act). Unless continued in
  existence as provided by that chapter, the board and the department
  are abolished September 1, 2025 [2021].
         SECTION 3.04.  DEPARTMENT OF INFORMATION RESOURCES. Section
  2054.005(a), Government Code, is amended to read as follows:
         (a)  The Department of Information Resources is subject to
  Chapter 325 (Texas Sunset Act). Unless continued in existence as
  provided by that chapter, the department is abolished and this
  chapter expires September 1, 2025 [2021].
         SECTION 3.05.  ANGELINA AND NECHES RIVER AUTHORITY. Section
  8501.0015(a), Special District Local Laws Code, is amended to read
  as follows:
         (a)  The authority is subject to review under Chapter 325,
  Government Code (Texas Sunset Act), but may not be abolished under
  that chapter. The review shall be conducted under Section 325.025,
  Government Code, as if the authority were a state agency scheduled
  to be abolished September 1, 2025 [2023], and every 12th year after
  that year.
         SECTION 3.06.  LOWER NECHES VALLEY AUTHORITY. Section
  8504.0021(a), Special District Local Laws Code, is amended to read
  as follows:
         (a)  The authority is subject to review under Chapter 325,
  Government Code (Texas Sunset Act), but may not be abolished under
  that chapter. The review shall be conducted under Section 325.025,
  Government Code, as if the authority were a state agency scheduled
  to be abolished September 1, 2025 [2021], and every 12th year after
  that year.
         SECTION 3.07.  PUBLIC UTILITY COMMISSION OF TEXAS. Section
  12.005, Utilities Code, is amended to read as follows:
         Sec. 12.005.  APPLICATION OF SUNSET ACT. The Public Utility
  Commission of Texas is subject to Chapter 325, Government Code
  (Texas Sunset Act). Unless continued in existence as provided by
  that chapter or by Chapter 39, the commission is abolished and this
  title expires September 1, 2025 [2023].
         SECTION 3.08.  OFFICE OF PUBLIC UTILITY COUNSEL. Section
  13.002, Utilities Code, is amended to read as follows:
         Sec. 13.002.  APPLICATION OF SUNSET ACT. The Office of
  Public Utility Counsel is subject to Chapter 325, Government Code
  (Texas Sunset Act). Unless continued in existence as provided by
  that chapter, the office is abolished and this chapter expires
  September 1, 2025 [2023].
         SECTION 3.09.  SABINE RIVER AUTHORITY OF TEXAS. Section
  2A(a), Chapter 110, Acts of the 51st Legislature, Regular Session,
  1949, is amended to read as follows:
         (a)  The district is subject to review under Chapter 325,
  Government Code (Texas Sunset Act), but may not be abolished under
  that chapter. The review shall be conducted under Section 325.025,
  Government Code, as if the district were a state agency scheduled to
  be abolished September 1, 2025 [2021], and every 12th year after
  that year.
         SECTION 3.10.  TRINITY RIVER AUTHORITY OF TEXAS. Section
  1A(a), Chapter 518, Acts of the 54th Legislature, Regular Session,
  1955, is amended to read as follows:
         (a)  The Authority is subject to review under Chapter 325,
  Government Code (Texas Sunset Act), but may not be abolished under
  that chapter. The review shall be conducted under Section 325.025,
  Government Code, as if the Authority were a state agency scheduled
  to be abolished September 1, 2025 [2023], and every 12th year after
  that year.
  ARTICLE 4. ENTITIES GIVEN 2027 SUNSET DATE
         SECTION 4.01.  TEXAS EDUCATION AGENCY. Section 7.004,
  Education Code, is amended to read as follows:
         Sec. 7.004.  SUNSET PROVISION. (a)  The Texas Education
  Agency is subject to Chapter 325, Government Code (Texas Sunset
  Act). Unless continued in existence as provided by that chapter,
  the agency is abolished September 1, 2027 [2025].
         (b)  As part of the Sunset Advisory Commission's review of
  the agency under Subsection (a), the commission in coordination
  with the agency shall select for review three regional education
  service centers that serve diverse geographic areas of the state
  and diverse population sizes.  The commission's review of the
  agency must include an evaluation of the agency's oversight of the
  centers.
         SECTION 4.02.  EXPANDED LEARNING OPPORTUNITIES COUNCIL.
  Section 33.254, Education Code, is amended to read as follows:
         Sec. 33.254.  SUNSET PROVISION. The council is subject to
  Chapter 325, Government Code (Texas Sunset Act). Unless continued
  in existence as provided by that chapter, the council is abolished
  and this subchapter expires September 1, 2027 [2023].
         SECTION 4.03.  TEXAS A&M FOREST SERVICE. Section 88.1016,
  Education Code, is amended to read as follows:
         Sec. 88.1016.  SUNSET PROVISION. The Texas A&M Forest
  Service is subject to Chapter 325, Government Code (Texas Sunset
  Act). Unless continued in existence as provided by that chapter,
  the Texas A&M Forest Service is abolished September 1, 2027 [2023].
         SECTION 4.04.  TEXAS CIVIL COMMITMENT OFFICE. Section
  420A.004, Government Code, is amended to read as follows:
         Sec. 420A.004.  SUNSET PROVISION. The Texas Civil
  Commitment Office is subject to Chapter 325 (Texas Sunset Act).
  Unless continued in existence as provided by that chapter, the
  office is abolished and this chapter expires September 1, 2027
  [2023].
         SECTION 4.05.  TEXAS FACILITIES COMMISSION. Section
  2152.002, Government Code, is amended to read as follows:
         Sec. 2152.002.  SUNSET PROVISION. The Texas Facilities
  Commission is subject to Chapter 325 (Texas Sunset Act). Unless
  continued in existence as provided by that chapter, the commission
  is abolished and this subtitle, except for Chapter 2170 and Section
  2157.121, expires September 1, 2027 [2021].
         SECTION 4.06.  MATERNAL MORTALITY AND MORBIDITY TASK FORCE.
  Section 34.018, Health and Safety Code, is amended to read as
  follows:
         Sec. 34.018.  SUNSET PROVISION. The task force is subject to
  Chapter 325, Government Code (Texas Sunset Act). Unless continued
  in existence as provided by that chapter, the task force is
  abolished and this chapter expires September 1, 2027 [2023].
         SECTION 4.07.  PUBLIC HEALTH FUNDING AND POLICY COMMITTEE.
  Section 117.002, Health and Safety Code, is amended to read as
  follows:
         Sec. 117.002.  APPLICATION OF SUNSET ACT. The Public Health
  Funding and Policy Committee is subject to Chapter 325, Government
  Code (Texas Sunset Act). Unless continued in existence as provided
  by that chapter, the committee is abolished and this chapter
  expires September 1, 2027 [2023].
         SECTION 4.08.  PERINATAL ADVISORY COUNCIL. Section
  241.187(l), Health and Safety Code, is amended to read as follows:
         (l)  The advisory council is subject to Chapter 325,
  Government Code (Texas Sunset Act). Unless continued in existence
  as provided by that chapter, the advisory council is abolished and
  this section expires September 1, 2027 [2025].
         SECTION 4.09.  DEPARTMENT OF STATE HEALTH SERVICES. Section
  1001.003, Health and Safety Code, is amended to read as follows:
         Sec. 1001.003.  SUNSET PROVISION. The Department of State
  Health Services is subject to Chapter 325, Government Code (Texas
  Sunset Act). Unless continued in existence as provided by that
  chapter, the department is abolished and this chapter expires
  September 1, 2027 [2023].
         SECTION 4.10.  DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES.
  Section 40.003, Human Resources Code, is amended to read as
  follows:
         Sec. 40.003.  SUNSET PROVISION. The Department of Family
  and Protective Services is subject to Chapter 325, Government Code
  (Texas Sunset Act). Unless continued in existence as provided by
  that chapter, the department is abolished and this chapter expires
  September 1, 2027 [2023].
         SECTION 4.11.  STATE USE PROGRAM, TEXAS WORKFORCE
  COMMISSION. Section 122.0012(b), Human Resources Code, is amended
  to read as follows:
         (b)  The Texas Workforce Commission's authority to
  administer and oversee the program administered under this chapter
  is subject to Chapter 325, Government Code (Texas Sunset Act).
  Notwithstanding any other law, that authority expires September 1,
  2027 [2021], unless continued in existence as provided by Chapter
  325, Government Code.
  ARTICLE 5. ENTITY GIVEN 2029 SUNSET DATE
         SECTION 5.01.  TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM.
  Section 865.0011, Government Code, is amended to read as follows:
         Sec. 865.0011.  SUNSET REVIEW. The state board of the
  pension system is subject to review under Chapter 325 (Texas Sunset
  Act) but is not abolished under that chapter. The state board shall
  be reviewed during the period in which state agencies scheduled to
  be abolished in 2029 [2025], and every 12th year after that year,
  are reviewed.
  ARTICLE 6. ENTITIES REMOVED FROM SPECIFIC SUNSET REVIEW
         SECTION 6.01.  REGIONAL EDUCATION SERVICE CENTERS. The
  following laws are repealed:
               (1)  Section 8.010, Education Code; and
               (2)  Section 2(b), Chapter 916 (S.B. 1404), Acts of the
  85th Legislature, Regular Session, 2017.
         SECTION 6.02.  STATE PROCUREMENT SYSTEM AND RELATED
  COMPTROLLER AUTHORITY. Sections 2151.0041 and 2151.0042,
  Government Code, are repealed.
         SECTION 6.03.  STATE USE PROGRAM, TEXAS COMPTROLLER OF
  PUBLIC ACCOUNTS. Section 122.0012(a), Human Resources Code, is
  repealed.
         SECTION 6.04.  INTERMUNICIPAL COMMUTER RAIL DISTRICTS.
  Section 173.005, Transportation Code, is repealed.
  ARTICLE 7. SUNSET REVIEW PROCESS
         SECTION 7.01.  DEFINITIONS. Section 325.002(1), Government
  Code, is amended to read as follows:
               (1)  "State agency" means an entity [agency] expressly
  made subject to this chapter.
         SECTION 7.02.  SUNSET ADVISORY COMMISSION. Section 325.003,
  Government Code, is amended by amending Subsections (a) and (e) and
  adding Subsections (a-1) and (e-1) to read as follows:
         (a)  The Sunset Advisory Commission is a legislative agency
  that consists of five members of the senate and one public member
  appointed by the lieutenant governor and five members of the house
  of representatives and one public member appointed by the speaker
  of the house. The lieutenant governor and the speaker of the house
  may serve as one of the legislative appointees.
         (a-1)  A public member acts on behalf of the legislature when
  participating on the commission in furtherance of the legislature's
  duty to provide oversight of executive branch agencies'
  implementation of legislative priorities.
         (e)  Members other than the lieutenant governor and the
  speaker are subject to the following restrictions:
               (1)  after a legislative member [an individual] serves
  two terms [six years] on the commission or a public member serves
  three terms on the commission, the individual is not eligible for
  appointment to another term or part of a term;
               (2)  a legislative member who serves a full term may not
  be appointed to an immediately succeeding term; and
               (3)  a public member may not serve more than two
  consecutive terms, and, for purposes of this prohibition, a member
  is considered to have served a term only if the member has served
  more than half of the term.
         (e-1)  If an individual serves for less than a full term, the
  term is not counted toward determining the individual's eligibility
  to serve on the commission under Subsection (e)(1) unless the
  individual was a member of the commission for each public hearing at
  which the state agencies being reviewed during the individual's
  term were discussed.
         SECTION 7.03.  PUBLIC HEARINGS. Section 325.009, Government
  Code, is amended by adding Subsection (c) to read as follows:
         (c)  Notwithstanding Subsection (a), the commission may not
  discuss in a public hearing the application to an agency of the
  criteria provided in Section 325.011(14). The commission staff
  shall notify the commission of any findings and recommendations
  regarding the criteria provided in Section 325.011(14).
         SECTION 7.04.  REPORTS. Section 325.010(b), Government
  Code, is amended to read as follows:
         (b)  In the report the commission shall include:
               (1)  its findings regarding the criteria prescribed by
  Section 325.011, except Section 325.011(14);
               (2)  its recommendations based on the matters
  prescribed by Section 325.012, except recommendations relating to
  criteria prescribed by Section 325.011(14); and
               (3)  other information the commission considers
  necessary for a complete review of the agency.
         SECTION 7.05.  RECOMMENDATIONS. Section 325.0126,
  Government Code, is amended to read as follows:
         Sec. 325.0126.  MONITORING OF RECOMMENDATIONS. During each
  legislative session, the staff of the commission shall:
               (1)  monitor legislation affecting agencies that have
  undergone sunset review immediately before the legislative
  session;
               (2)  notify [and shall periodically report to] the
  members of the commission about any amendment to the legislation
  prepared under Section 325.012(c) that modifies the commission's
  [on proposed changes which would modify prior] recommendations for
  a state agency; and
               (3)  provide legislative services to support the
  passage of the legislation prepared under Section 325.012(c) [of
  the commission].
         SECTION 7.06.  CONFIDENTIALITY OF INFORMATION.  Section
  325.019, Government Code, is amended by adding Subsection (d) to
  read as follows:
         (d)  Communications, including conversations,
  correspondence, and electronic communications, between the
  commission or its staff and a state agency that relate to a request
  by the commission for assistance in conducting a review under this
  chapter are confidential. A state agency's internal communications
  related to a request for assistance by the commission are
  confidential, including any information prepared or maintained by
  the state agency at the request of the commission or its staff.
  With respect to a document, file, or other record prepared or
  maintained by the state agency that was created in the normal course
  of the agency's business and not at the request of the commission,
  the confidentiality created by this subsection applies only to
  information in the possession of the commission.
         SECTION 7.07.  RIVER AUTHORITIES.  Section 325.025(b),
  Government Code, as amended by Chapters 975 (S.B. 2262) and 1046
  (H.B. 1920), Acts of the 85th Legislature, Regular Session, 2017,
  is reenacted to read as follows:
         (b)  This section applies to the:
               (1)  Angelina and Neches River Authority;
               (2)  Bandera County River Authority and Groundwater
  District;
               (3)  Brazos River Authority;
               (4)  Guadalupe-Blanco River Authority;
               (5)  Lavaca-Navidad River Authority;
               (6)  Lower Colorado River Authority;
               (7)  Lower Neches Valley Authority;
               (8)  Nueces River Authority;
               (9)  Red River Authority of Texas;
               (10)  Sabine River Authority of Texas;
               (11)  San Antonio River Authority;
               (12)  San Jacinto River Authority;
               (13)  Sulphur River Basin Authority;
               (14)  Trinity River Authority of Texas;
               (15)  Upper Colorado River Authority; and
               (16)  Upper Guadalupe River Authority.
         ARTICLE 8. TRANSITION AND EFFECTIVE DATE
         SECTION 8.01.  TRANSITION.  To the extent of any conflict,
  this Act prevails over another Act of the 86th Legislature, Regular
  Session, 2019, relating to nonsubstantive additions to and
  corrections in enacted codes.
         SECTION 8.02.  EFFECTIVE DATE. This Act takes effect
  immediately if it receives a vote of two-thirds of all the members
  elected to each house, as provided by Section 39, Article III, Texas
  Constitution. If this Act does not receive the vote necessary for
  immediate effect, this Act takes effect September 1, 2019.